Laws of Vietnam

Pursuant to the Government's Decree No. 61/2003/ND-CP of June 6, 2003 defining the functions, tasks and powers of the Ministry of Planning and Investment;

Pursuant to the Government's Decree No. 07/2003/ND-CP of January 30, 2003 amending and supplementing a number of articles of the Construction and Investment Management Regulation promulgated together with the Government's Decree No. 52/1999/ND-CP of July 8, 1999 and the Government's Decree No. 12/2000/ND-CP of May 5, 2000 promulgating the Construction and Investment Management Regulation;

The Ministry of Planning and Investment promulgates this Circular guiding the contents, order of elaboration, evaluation and management of branch development plannings and territorial socio-economic development overall plannings as follows:

Part I

CONTENTS, ORDER OF ELABORATION, EVALUATION OF BRANCH DEVELOPMENT PLANNING PROJECTS

I. CONTENTS OF BRANCH DEVELOPMENT PLANNINGS

1. The following branches and domains shall be subject to elaboration of plannings

(1)- Economic infrastructure domain:

- The network of national highways;

- The network of national railways;

- The system of seaports;

- The national system of airports;

- The telecommunications network;

- The combined use of water sources of the basins of large rivers;

- The national power grid.

(2)- Social infrastructure domain:

- The system of colleges, universities and vocational training schools;

- The system of regional hospitals and specialized medical centers;

- The system of museums;

- The national system of sport material and technical foundations.

(3)- Important economic-technical branches, key products:

In each planning period, the specific lists shall be submitted to the Prime Minister by the branch-managing ministries in coordination with the Ministry of Planning and Investment.

(4)- Science, technology and environmental protection domain:

- National institutes for scientific and technological research and development;

- The system of high-tech parks;

- The system of national gardens, nature conservation zones.

(5)- Other domains:

- The land use planning;

- The forest planting and protection planning;

- The planning on industrial parks.

The above-mentioned branches and domains (from (1) to (5)) are hereinafter referred collectively to as "branches."

2. Principal contents of branch development planning projects include:

2.1. Principal contents of production branch and key-product development plannings:

a/ Determining the position and role of the branch in the national economy and the branch's development objectives.

b/ Analyzing and forecasting the branch's development factors, including all market factors and requirements on the competitiveness of products and services. Analyzing the world and domestic competition situation.

c/ Analyzing and evaluating the actual situation of the branch development and distribution in different territories. Analyzing the structure of the branch, key products, investment, science-technology, labor and production organization.

d/ Formulating viewpoints, objectives and justifying plans on development of the branch's structure, key products and major conditions to guarantee the achievement of the branch's objectives (investment, technology, labor).

e/ Justifying plans on the branch's distribution in different territories, especially for key projects.

f/ Environmental protection issues.

g/ Determining mechanism- and policy-related solutions, putting forward implementation plans for different development stages (particularly for the first five-year stage).

h/ Drawing up the list of key investment works and projects and organizing the implementation of plannings;

2.2. Principal contents of the plannings on economic infrastructure branches include:

a/ Forecasting socio-economic development demands, the branch's role;

b/ Anticipating scientific and technological advances and the regional infrastructure development which may exert impacts on the development of the country's infrastructure in the planning period;

c/ Justifying plans on development of infrastructure across the country and in different territories;

d/ Justifying solutions, priority investment works and organizing the implementation thereof.

2.3. Principal contents of the plannings on social infrastructure branches include:

a/ Identifying the population's demands for social infrastructure services in each planning period;

b/ Forecasting the regional socio-economic development level and scientific and technological advances which may exert impacts on the population's demands and socio-economic development in the planning period;

c/ Justifying plans on development and distribution of social infrastructures nationwide and in each territory;

d/ Justifying solutions, priority investment projects and the organization of the implementation thereof;

e/ Justifying solutions and policies aiming to ensure the population's access to social infrastructure services.

1. Bases for the elaboration of branch development planning projects

On the basis of the socio-economic development line and policies of the Party and the State, the national socio-economic development strategy, the branch development strategies and the socio-economic development overall plannings of large regions and key economic regions, the specialized management ministries shall organize the elaboration of branch development plannings.

2. Order of elaboration and submission of branch development planning projects

Step 1: To synthesize the available research findings related to the elaboration of the branch development planning; on this basis to analyze and evaluate development factors and conditions and anticipate their impacts on the branch development planning. To collect relevant basic survey documents on natural resources and environment; if insufficient, to draw up plans on supplementary surveys.

Step 2: To analyze and evaluate the actual situation of the branch development (to compare it with the objectives set by the previous planning, if any).

Step 3: On the basis of the set objectives of the national socio-economic development strategy, domestic and international market factors and the capability of various resources to justify the viewpoints and objectives of the branch development for the milestone years of the planning period. To justify the development plans and major solutions to ensure the materialization of the branch development planning. To project the list of the branch planning's investment project.

Step 4: To compile a general report on the branch development planning project.

Step 5: The State management body submits the planning to competent authorities for evaluation and approval.

1. Contents of evaluation of a branch development planning project

a/ Legal bases, scientific grounds, reliability of information, data and materials used in the elaboration of the planning and contents of the planning;

b/ Compatibility of the planning with the socio-economic development strategy (development viewpoints, orientations and objectives for each period, general development targets and the plan on rational distribution of resources);

c/ Uniformity of territorial plannings, branch plannings and construction plannings (comparing and checking the compatibility of these plannings against major targets and relevant temporal and spatial factors);

d/ Feasibility of development plans of the planning, measures to implement the planning and manage the implementation of the planning (investment capital, science, technology and environment, human resources, mechanisms, policies and possibility of cooperation in the context of domestic, regional and international markets when the project is executed).

2. Dossiers of evaluation of branch development planning projects

2.1. Dossiers of State bodies responsible for elaborating plannings and submitting them to competent authorities for approval and evaluating agencies consist of:

a/ The planning-elaborating agency's written presentation to the person competent to approve the planning;

b/ The planning report, with the prescribed contents (the principal report is enclosed with drawings and maps with a scale of 1/500,000 - 1/1,000,000 (10 sets));

c/ A summary report on the planning submitted for approval (enclosed with miniature maps of A3 size (25 sets));

d/ Topical reports, enclosed with maps with a scale of 1/5000,000 - 1/1,000,000 (25 sets/topic);

e/ Relevant legal documents.

2.2. Dossiers to be submitted by evaluating agencies to authorities competent to approve the plannings consist of:

a/ The evaluation report;

b/ Documents (copies) on the comments of the concerned ministries, branches, agencies and localities, scientists and critics;

c/ The draft approval decision (in case of request for approval of the planning).

3. Competence to evaluate and approve branch development plannings

+ The Ministry of Planning and Investment shall evaluate branch development planning and key-product planning projects and submit them to the Prime Minister for approval. For branch plannings assigned by the Prime Minister to the State Evaluation Council for evaluation, separate regulations shall apply.

+ The ministries and branches shall evaluate plannings falling under their respective jurisdiction.

+ The Prime Minister shall approve the branch development planning and key-product development planning projects evaluated by the Ministry of Planning and Investment. The ministers of the branch-managing ministries shall approve the plannings of the branches subject to planning, which do not fall under the approving competence of the Prime Minister.

4. Evaluation of branch development planning projects

+ The ministers, the branch heads, the provincial-level People's Committee presidents shall decide on the process of evaluation and organize the apparatuses for evaluating planning projects falling under the approving competence of the ministers or branch heads.

The concerned ministries, branches and localities and consulting agencies and/or organizations shall be invited to participate in the process of evaluation.

+ The concerned ministries, branches and localities shall, upon request, study and give comments on matters falling within the ambit of their respective functions and tasks. For plannings prescribed to fall under the competence of the Prime Minister, the ministries, branches and localities shall send their comments to the Ministry of Planning and Investment within 15 working days after receiving the dossiers and written requests for comments on the plannings.

+ The invited consulting agencies and/or organizations shall evaluate and criticize specialized contents of the plannings under the contracts signed with the agencies competent to evaluate the plannings and be accountable for their evaluation results.

+ Basing themselves on the comments of the ministries, branches and localities as well as organizations participating in the evaluation, the evaluating agencies may request the planning-submitting agencies to explain and supplement the plannings; the planning-elaborating and -submitting agencies shall have to give written additional explanations to clarify the plannings.

+ The time limit for evaluating branch development planning projects shall not exceed 45 working days, counting from the date the evaluating agencies receive the complete and valid dossiers, excluding the time for dossier supplementation and revision.

5. Contents of approval of branch development planning projects

The authorities competent to approve plannings shall base themselves on the dossiers and written presentations requesting the approval of the plannings, the evaluation reports of the agencies assigned to evaluate the plannings to consider and decide on the approval of the planning projects.

Principal contents of an approval decision include:

a/ Major development orientations and principal objectives of the planning;

b/ Major solutions to achieve the planning's objectives such as those concerning the structure and orientations for development of key branches and domains, mechanisms, policies; orientations for development cooperation;

c/ The list of 5-year and 10-year investment projects (including priority investment programs and projects);

d/ Spatial organization orientations;

e/ Human resource training;

f/ Program of action.

GUIDANCE ON THE CONTENTS AND ORDER OF ELABORATION AND EVALUATION OF TERRITORIAL SOCIO-ECONOMIC DEVELOPMENT OVERALL PLANNING PROJECTS

1. Kinds of territorial socio-economic develop-ment overall plannings

- The national socio-economic development overall planning.

- Development overall plannings for socio-economic regions, key economic regions, special territories (referred collectively to as regional socio-economic development overall plannings).

- Socio-economic development overall plannings for provinces and centrally-run cities (referred collectively to as overall provincial socio-economic development plannings).

- Socio-economic development overall plannings for provincial towns, capitals, rural and urban districts (referred collectively to as district socio-economic development overall plannings).

2. Branch development plannings and territorial socio-economic development overall plannings are closely interrelated. The national branch development planning shall be elaborated first, serving as a basis for territorial socio-economic development overall plannings.

3. Contents of regional socio-economic development overall plannings

3.1. Analyzing, evaluating and forecasting regional development factors.

- Geographic position, territorial relationships and capability to bring these factors into full play for development planning.

- Requirements and position of the planned region in the national socio-economic development strategy.

- Analyzing and evaluating the natural conditions, natural resources and forecasting the possibilities to exploit them; comparative advantages as well as limitations of the region;

- Inventorying and evaluating the population growth and distribution in association with the socio-economic development requirements and cultural and humanity values in service of development;

- Analyzing and evaluating the system of economic and social infrastructures in terms of level of satisfaction of development requirements;

- Analyzing and evaluating the actual situation of the region's socio-economic development situation.

3.2. Determining the position and role of the region in the national economy of the whole country, then justifying the regional development objectives and viewpoints.

- Justifying and determining the motive force, close relationships between the region and other regions as well as the whole country in order to properly determine the development scope and major objectives of the region.

- Selecting economic objectives: GDP growth, gross GDP, export value and the region's ratio of contribution to the whole country, per-capita GDP, productivity and competitiveness of branches and products enjoying comparative advantages in the country and the region.

- Determining social objectives: increasing employment; reducing hunger and poverty; education, vocational training, healthcare, medical examination and treatment, cultural development, sports; reducing social evils.

- Identifying environmental impacts: minimizing environmental pollution, building an environment for sustainable development.

3.3. Selecting economic structures and development orientations for branches and key products, and selecting investment structures (including priority investment programs and projects for the first 5 years and the whole planning period).

3.4. Selecting infrastructure development plans.

- Selecting the plan on development of the traffic network.

- Selecting the plan on development of power sources and transmission network.

- Selecting the plan on development of irrigation, water supply and environmental protection works.

- Selecting the plan on development of major social infrastructure (hospitals, specialized medical establishments, universities, colleges and vocational training schools; regional-level scientific and technological research institutions).

3.5. Selecting the plan on development of the system of urban centers and population quarters in the regions.

3.6 Justifying the solutions to materialize the planning:

- Solutions to mobilize investment capital.

- Solutions to train human resources.

- Scientific and technological solutions.

- Policy- and mechanism-related solutions.

- Solutions to organize the materialization.

4. Contents of provincial socio-economic development overall plannings

In addition to the aforesaid contents of the regional socio-economic development overall plannings, the contents of the provincial socio-economic development overall plannings should be more specific.

4.1. In analyzing and forecasting development factors and conditions, importance should be attached to market factors and determining comparative advantages compared with other provinces, with international competition being taken into account.

4.2. In determining the position and role of each province in juxtaposition with adjacent provinces and cities, larger regions and the whole country, the following should be clarified:

- The province's contribution to GDP and GDP growth rate of the larger region as well as the whole country.

- The province's role in the development of important products and exports in the national economy.

4.3. For the content on the socio-economic organization in the province, the following should be studied in depth:

- Development of the system of urban centers and rural population spots.

- Development of the system of industrial parks and clusters; economic commercial zones and specific economic zones.

- Development of commodity plant and animal areas.

- Development of the education and training network (including vocational training), the medical and healthcare system.

- Development of difficulty-hit areas in association with population stabilization, hunger elimination and poverty alleviation.

4.4. In drawing up solutions, mechanisms and policies with a view to achieving the objectives of the provincial socio-economic development overall plannings, special importance should be attached to making clear: key investment programs and projects; environmental protection measures and organization of the planning implementation.

5. Contents of district socio-economic development overall plannings

Apart from the aforesaid contents of the provincial socio-economic development overall plannings, it is necessary to further concretize the building of a system of population spots, the land use planning, employment plans, the formulation of investment programs and a list of key investment projects for different development periods.

II. ORDER OF ELABORATION OF TERRITORIAL SOCIO-ECONOMIC DEVELOPMENT OVERALL PLANNINGS

1. Bases for the elaboration of territorial socio-economic development overall plannings

- The national socio-economic development strategy.

- The Party's and the Government's socio-economic development undertakings.

- The national branch plannings and key-product plannings.

- The large region's socio-economic development overall planning shall serve as a basis for the provincial socio-economic development overall plannings; the provincial socio-economic development overall plannings shall serve as a basis for the elaboration of district socio-economic development overall plannings.

2. Order of elaboration of territorial socio-economic development overall plannings

- Step 1: To assess the impacts (or dictate) of the national socio-economic development strategy and of the region on the territorial socio-economic development overall planning. To assess and forecast development factors and resources.

- Step 2: To determine the role of the territory covered by the planning in the whole country and the larger territory in which it is located.

- Step 3: To determine the objectives and plans for the territory-based socio-economic development and organization (like the contents of the territorial socio-economic development overall plannings already stated at Points 2, 3 and 4 of Part II). At the same time, to justify the major solutions and conditions to ensure the materialization of the territorial socio-economic development overall plannings according to the selected plans.

1. Contents of evaluation

1.1. For regional socio-economic development overall plannings

- Evaluating the reliability and legal grounds of materials and data used in the planning.

- Evaluating the compatibility of the regional socio-economic development overall plannings with the national socio-economic development strategy in terms of economic growth targets, economic structure orientation and key products, inter-regional and inter-branch matters.

- Evaluating the use of natural resources:

+ Land, water, mineral resources and labor.

- Evaluating the feasibility of the plannings:

+ Evaluating the orientation for development of the system of urban centers and the system of crucial infrastructures.

+ Evaluating the calculations on the conditions to ensure the achievement of the plannings' objectives.

+ Evaluating environmental protection measures.

- Evaluating the harmony between the regional plannings and the provincial plannings, branch plannings and construction plannings.

1.2. For provincial socio-economic development overall planning projects:

- Evaluating the reliability and legal grounds of materials and data used in the planning.

- Evaluating the compatibility of the provincial socio-economic development overall plannings with the national socio-economic development strategy, the regional socio-economic development overall plannings and with the strategies and the branch development plannings, specifically in terms of GDP growth rate, list of key products, export value and growth rate, per-capita GDP, the job creation and labor restructuring, unemployment reduction, hunger elimination and poverty reduction, level of education universalization, population growth rate, percentage of trained labor and the level of reduction of environmental pollution. Evaluating the feasibility of the above-said targets.

- Evaluating the economic structure and its compatibility with the industrialization and modernization requirements, specifically:

+ Economic structure by branch.

+ Economic structure by economic sector.

- Evaluating branch development orientations:

+ Groups of industries.

+ Groups of agricultural, forestry and aquatic branches.

+ Groups of services and social branches.

- Evaluating the territorial organization orientation, ensuring the long-term development requirements as well as the country's economic development and defense requirements.

- Evaluating the conditions to ensure the achievement of the plannings' objectives (mechanisms, policies, capital and labor).

1.3. For district socio-economic development overall plannings:

- Evaluating the compatibility of the district socio-economic development overall plannings with the provincial socio-economic development overall plannings in terms of economic growth rate, key products, social objectives and environmental protection.

- Evaluating the orientations for urban and infrastructure development.

1.4. For adjusted territorial socio-economic development overall plannings:

The contents of evaluation of adjusted territorial socio-economic development overall plannings include:

- Evaluating the adjusted objectives.

- Evaluating the adjusted economic structures, branch development orientations and important products.

- Evaluating the conditions to ensure the achievement of the adjusted plannings' objectives.

2. Dossiers of evaluation of territorial socio-economic development overall plannings

2.1. Dossiers of State bodies responsible for elaborating plannings and submitting them to planning-approving authorities and evaluating agencies consist of:

a/ The written presentation of the authorities competent to elaborate the planning to the person competent to approve the planning;

b/ The principal report on the planning, with the prescribed contents (enclosed with drawings and maps (10 sets);

c/ Topical reports, enclosed with miniature maps of A3 size (10 sets/topic);

d/ A summary report on the planning submitted for approval (enclosed with A3-sized maps, 25 sets);

e/ Relevant legal documents.

2.2. Dossiers of evaluating agencies to be submitted to the planning-approving authorities consist of:

a/ The evaluation report;

b/ Documents (copies) on the comments of the concerned ministries, branches, agencies and localities, scientists and critics;

c/ The draft approval decision.

3. Competence to evaluate and approve territorial socio-economic development overall plannings

3.1. Competence to approve territorial socio-economic development overall plannings

- The Prime Minister shall approve the development overall plannings of socio-economic regions, key economic regions, provinces, centrally-run cities and special territories.

- The provincial-level People's Committee presidents shall approve the district socio-economic development overall plannings.

- The district-level People's Committee presidents shall approve plannings in their respective districts.

3.2. Competence to evaluate territorial socio-economic development overall plannings

- The State Council for Evaluation of Investment Projects shall evaluate territorial socio-economic development overall plannings elaborated by the Ministry of Planning and Investment and other plannings assigned by the Prime Minister, which fall under the approving competence of the Prime Minister.

- The Ministry of Planning and Investment shall evaluate the plannings elaborated by the People's Committees of the provinces or centrally-run cities and submitted to the Prime Minister for approval.

- The People's Committees of the provinces or centrally-run cities shall elaborate the plannings elaborated by the district-level People's Committees.

- The district-level People's Committees shall evaluate planning projects in their respective districts.

4. Evaluation of territorial socio-economic development overall plannings

In the evaluation process, competent State bodies shall invite the concerned ministries, branches and localities, consulting organizations and scientists to participate in the evaluation on the basis of contracts signed with the agencies competent to organize the evaluation and take responsibility for the evaluation results.

Basing themselves on the opinions of the ministries, branches and localities as well as organizations participating in the evaluation, the evaluating agencies may request the planning-submitting agencies to give additional explanations on the plannings; the planning-elaborating and -submitting agencies shall have to give written additional explanations to clarify the plannings.

The time limit for evaluating territorial socio-economic development overall planning projects shall not exceed 45 working days, counting from the date the evaluating agencies receive the complete and valid dossiers, excluding the time for dossier supplementation and revision.

5. Contents of approval of territorial socio-economic development overall planning projects

The authorities competent to approve territorial socio-economic development overall plannings shall base themselves on the dossiers and written presentations requesting the approval of the plannings, the evaluation reports of the agencies assigned to evaluate the plannings to consider and decide to approve the planning.

Principal contents of a decision include:

a/ Major development orientations and main objectives of the planning;

b/ Major solutions to attain the planning's objectives such as those concerning structure and orientations for development of key branches and domains, mechanisms, policies; orientations for development cooperation;

c/ The list of 5-year and 10-year investment projects (including priority investment programs and projects);

d/ Spatial organization orientations;

e/ Human resource training;

f/ Program of action.

STATE MANAGEMENT OVER THE PLANNING WORK

1. Contents of State management over the planning work include:

+ The State shall perform the uniform management over the planning of development of branches, key products and territorial socio-economic development overall plannings.

+ The ministries and central branches shall guide the elaboration, evaluation and approval of plannings according to regulations; study and issue funding norms related to the elaboration and management of plannings.

+ The planning-managing agencies shall be tasked to examine, supervise and inspect the materialization of plannings; consider and propose competent authorities to adjust plannings in time.

+ Investment programs and projects must be implemented according to the approved plannings; where no relevant planning is approved yet, they must be submitted to persons competent to approve plannings according to decentralization for comments and approval.

2. Responsibilities for elaborating and adjusting planning projects

2.1. For branch development plannings.

The branch-managing ministries shall have to elaborate and adjust branch plannings according to their respective functions. In order to ensure harmony between territorial socio-economic development overall plannings and branch development plannings across the country, the branch-managing ministries should closely coordinate with the Ministry of Planning and Investment and concerned localities in the process of elaborating and adjusting planning projects.

2.2. For territorial socio-economic development overall plannings

- The Ministry of Planning and Investment shall be responsible for elaborating and adjusting overall planning projects for development of socio-economic regions, key economic regions and special territories.

- The provincial-level People's Committees shall be responsible for elaborating and adjusting provincial socio-economic development overall plannings.

- The district-level People's Committees shall be responsible for elaborating and adjusting district socio-economic development overall plannings.

2.3. For the adjustment of plannings.

- Once every 5 years or upon request, State bodies shall adjust plannings in a timely manner according to their respective functions.

- Authorities competent to approve plannings shall decide to adjust plannings.

3. Publicization of plannings

To gather public comments in the process of elaborating plannings. When plannings have been approved, the State management bodies must widely publicize them on the mass media for the people to know and supervise the implementation of plannings (except for plannings that need to be kept secret).

4. Examination, supervision and inspection of the implementation of planning projects

The Ministry of Planning and Investment and branch-managing ministries shall be responsible for examining, supervising and inspecting the materialization of branch development plannings and territorial plannings, which have been approved by the Prime Minister, then report the situation to the Prime Minister.

The People's Councils and People's Committees of the provinces and centrally-run cities shall be responsible for examining, supervising and inspecting the materialization of development plannings (including plannings approved by the Prime Minister, by branches and by localities) and report the situation to the Ministry of Planning and Investment for sum-up and submission to the Prime Minister, or directly to the Prime Minister.

The district-level People's Councils and People's Committees shall be responsible for examining, supervising and inspecting the implementation of development plannings in their respective localities and reporting the situation to the provincial-level People's Committees for sum-up and report to the Ministry of Planning and Investment.

5. Capital for elaboration of planning projects

- For territorial socio-economic development overall plannings and branch and key-product development plannings subject to approval by the Prime Minister, their elaboration shall be funded with the State budget capital incorporated in annual plans.

- For territorial socio-economic development overall plannings and branch and key- product development plannings for which the official funding norms are not available, the provisional bracket of prices and expenditure norms for the elaboration of plannings prescribed in Decision No. 519/2002/QD-BKH of August 26, 2002 of the Minister of Planning and Investment shall be applied.

- The capital for the elaboration of plannings comprises the funding for the elaboration and evaluation of plannings. The capital for the elaboration and evaluation of national plannings, territorial plannings, branch and key-product plannings, and important urban construction plannings shall come from the central budget. The funding for the elaboration of provincial, district and rural population spot plannings shall come from the local State budget. The Ministry of Planning and Investment and the Ministry of Finance shall have to arrange annual capital for the elaboration of national plannings, territorial plannings, branch plannings and construction plannings and guide the branch-managing ministries and localities in organizing the implementation thereof. When necessary, financial support of foreign countries and international organizations may be mobilized.

Part IV

IMPLEMENTATION PROVISIONS

1. This Circular takes effect 15 days after its publication in the Official Gazette.

2. In the course of implementation of this guiding Circular, if having any issues that need to be further discussed, the ministries, branches, provinces and centrally-run cities shall contact and discuss directly with the Ministry of Planning and Investment.

Minister of Planning and Investment
VO HONG PHUC